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NOBLE v. GRAHAM

8 A.D.3d 641 (2004)

778 N.Y.S.2d 888

WILLIAM L. NOBLE, Appellant, v. MARK R. GRAHAM et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 28, 2004.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Dismissal pursuant to CPLR 3211 (a) (7) is appropriate where the facts alleged, even if accepted as true, establish conclusively that the plaintiff has no cause of action (see Rovello v Orofino Realty Co., 40 N.Y.2d 633 [1976]; SRW Assoc. v Bellport Beach Prop. Owners, 129...

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